Requires the division of criminal justice services to promulgate a written protocol for the regulation of the use of artificial intelligence and facial recognition technology in criminal investigations.
STATE OF NEW YORK
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10574
IN SENATE
May 26, 2026
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Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the executive law, in relation to the regulation of the
use of artificial intelligence and facial recognition technology in
criminal investigations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. Artificial intelligence tools like
2 Cybercheck and facial recognition technologies have been used extensive-
3 ly in criminal investigations across the U.S., including nearly 8,000
4 cases in 40 states. However, their use has raised significant legal
5 challenges due to the lack of transparency in their methodologies and
6 concerns over accuracy and reliability. Defense attorneys have success-
7 fully argued in several cases that AI-generated evidence should be
8 excluded from court proceedings due to these issues. This act aims to
9 address these concerns by prohibiting the use of AI outputs, including
10 facial recognition, as evidence while allowing their use for investi-
11 gative purposes, thereby protecting the rights of defendants and main-
12 taining the integrity of the judicial process.
13 § 2. Section 837 of the executive law is amended by adding a new
14 subdivision 25 to read as follows:
15 25. (a) Promulgate a written protocol to standardize and detail for
16 law enforcement agencies that utilize artificial intelligence in the
17 investigation of criminal activity. The protocol shall address the
18 following topics:
19 (i) AI systems and FRT being used for investigative purposes, includ-
20 ing but not limited to data analysis, pattern recognition, facial recog-
21 nition, and predictive analytics;
22 (ii) AI systems and FRT used to assist in identifying potential
23 suspects, uncovering evidence, and generating investigative leads;
24 (iii) requiring law enforcement agencies that utilize AI systems and
25 FRT to implement transparency measures, including maintaining records of
26 AI-generated outputs and the parameters used by the AI system. Such
27 records shall be subject to audit and review by an independent oversight
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11032-05-6
S. 10574 2
1 body designated by the department to ensure compliance with the proto-
2 col;
3 (iv) requiring law enforcement agencies that utilize AI systems and
4 FRT to undergo regular independent audits of FRT systems to assess their
5 accuracy and biases. The results of these audits shall be publicly
6 accessible and disclosed in any case where FRT evidence is used; and
7 (v) requiring law enforcement officers that utilize AI systems and FRT
8 receive thorough training on the limitations and proper use of AI
9 systems and FRT, emphasizing the importance of understanding and miti-
10 gating biases and errors.
11 (b) For the purposes of this subdivision:
12 (i) "artificial intelligence" or "AI" means a machine-based system
13 that can, for a given set of human-defined objectives, make predictions,
14 recommendations, or decisions influencing real or virtual environments,
15 and that uses machine- and human-based inputs to perceive real and
16 virtual environments, abstract such perceptions into models through
17 analysis in an automated manner, and use model inference to formulate
18 options for information or action;
19 (ii) "AI-generated output" means any information, analysis, or deci-
20 sion produced by an AI system during a criminal investigation, including
21 but not limited to facial recognition, predictive policing models, and
22 other machine learning algorithms; and
23 (iii) "facial recognition technology" or "FRT" means a technology that
24 analyzes facial features and is capable of identifying or verifying a
25 person from a digital image or a video frame from a video source.
26 § 3. This act shall take effect on the ninetieth day after it shall
27 have become a law.
